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The Gambian Ministry of Justice and the International Center for Transitional Justice (ICTJ) co-organized a stakeholders’ forum on transitional justice and criminal accountability on the 15 November 2024 at SDKJ-ICC Hall Banjul the Gambia. The purpose of the forum was to discuss the current transitional justice landscape and the country’s special accountability mechanisms, including the Special Prosecutor Office (SPO).
“International standards and best practices emphasize that, for an accountability process to be credible and effective, it must be inclusive, participatory, and rooted in local ownership,” explained Didier Gbery, ICTJ’s head of program for the Gambia. “That is what the ICTJ wants to contribute to through the forum. It is the first of series we intend to organize to keep the public aware of the progress made on the post-TRRC [Truth, Reconciliation and Reparations Commission] accountability process.”
“The security of victims is very much paramount,” said a male victim who attended the forum. According to one of the speakers, those victims who have passed away can still receive justice. If there is sufficient evidence, the special prosecutor can proceed with a case involving a deceased victim or multiple victims. The special prosecutor will be responsible for deciding which cases to prosecute.
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The government’s White Paper on the TRRC’s report and recommendations outlined measures to deal with the human rights violations committed during the Yahya Jammeh dictatorship. These measures include frameworks and policies for criminal accountability, such as the establishment of the SPO, domestic prosecutions through a specialized criminal division of the High Court, a collaboration with ECOWAS to establish an internationalized hybrid court, and the creation of a reparations commission with the mandate to deliver redress to the victims. These measures respond to key recommendations proposed by the TRRC to the government, including the prosecution of former President Jammeh and 69 of his former senior officials, as well as institutional and legal reforms.?
In compliance with the White Paper, the Gambian authorities initiated legal reforms, including the introduction of the Special Accountability Mechanism and SPO, along with the enactment of the Victims’ Reparations Act and the Ban from Public Office Act. The government also established the Secretariat to the Steering Committee on the Implementation of the TRRC Recommendations, also known as the post-TRRC Unit, to coordinate the implementation of the TRRC recommendations.??
The forum featured panel discussions in which panellists answered participants’ questions and addressed misconceptions. These panellists were from different institutions.
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‘Investigation is the root of a successful Prosecution.’
